M/s Sikkim Organics vs Union of India and Others
Party Details
- M/s Sikkim Organics
- Union of India and Others
- Commissioner
- Customs
- Central Excise and Service Tax
- Assistant Commissioner of Central Goods and Service Tax
Case Summary
M/s Sikkim Organics filed Case No. WP(C) /20/2018 in the Sikkim High Court on 21 May 2018 against Union of India and Others and Commissioner. The case has undergone 5 hearings over 6 months. The case was disposed of on 4 Mar 2019. 16 orders have been issued in this matter.
Hearing History (5)
- 4MAR 2019Disposal
Judge: Hon'ble Mrs. Justice Meenakshi Madan Rai & Hon'ble The Chief Justice Vijai Kumar Bist
- 28FEB 2019Admission
Judge: Hon'ble Mrs. Justice Meenakshi Madan Rai & Hon'ble The Chief Justice Vijai Kumar Bist
- 30NOV 2018Admission
Judge: Hon'ble Mrs. Justice Meenakshi Madan Rai & Hon'ble The Chief Justice Vijai Kumar Bist
Orders (16)
- 19SEP 2020judgementView Order ↗
Order No: 22
- 5MAR 2020judgementView Order ↗
Order No: 20
- 25FEB 2020orderView Order ↗
Order No: 19
Judgement DetailsView full order PDF ↗
HIGH COURT OF SIKKIM Record of Proceedings through Video Conferencing Page 1 of 2 I.A No.05 of 2020 IN WP(C) No.20 of 2018 M/S SIKKIM ORGANICS …APPLICANT VERSUS UNION OF INDIA AND OTHERS …RESPONDENTS Date: 19.09.2020 CORAM: HON’BLE MR.
JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE HON’BLE MRS.
JUSTICE MEENAKSHI MADAN RAI, JUDGE … (ARUP KUMAR GOSWAMI, CJ) Heard Mr.
Jorgay Namka, learned Counsel for the petitioner.
Also heard Mr.
B.K Gupta and Ms.
Sangita Pradhan, learned Counsel appearing for the respondents.
By filing this I.A no.05/2020, the petitioner makes the following prayer:- “In the facts and circumstances stated herein above, it is therefore, most respectfully prayed that this Hon’ble Court may be pleased to take on records the receipts for having deposited the amount stipulated under Section 35F of the Central Excise Act, 1944 by the petitioner and thereafter pass necessary order/s directing the Ld.
Customs, Excise & Service Tax Appellate Tribunal, Kolkata, Eastern Zonal Bench, Kolkata to consider the issue of the petitioner having deposited the pre-deposit amount of Rs.2,53,41,100/- as stipulated under Section 35F of the Central excise Act, 1944 as this Hon’ble Court may deem fit and proper and/or pass any other order/s/direction as your Lordships deem fit and proper for the ends of justice.” The writ petition filed by the petitioner being W.P. (C) No.20/ 2018 was dismissed by an order dated 04.03.2019, taking a view that ARUP KUMAR GOSWAMI Digitally signed by ARUP KUMAR GOSWAMI Date: 2020.09.19 12:14:47 +05'30' HIGH COURT OF SIKKIM Record of Proceedings through Video Conferencing Page 2 of 2 the learned Customs, Excise and Service Tax Appellate Tribunal, Kolkata was justified in dismissing the appeal filed by the petitioner on the ground that while filing the appeal before the Appellate Tribunal, the petitioner did not deposit the amount as required under Section 35F of the Central Excise Act, 1944.
Act, 1944.
In view of the above position, we are of the opinion that this I.A is misconceived.
Accordingly, I.A no.05/2020 stands dismissed.
Judge Chief Justice pm/avi ARUP KUMAR GOSWAMI Digitally signed by ARUP KUMAR GOSWAMI Date: 2020.09.19 12:14:08 +05'30' MEENAKSHI MADAN RAI Digitally signed by MEENAKSHI MADAN RAI Date: 2020.09.19 14:41:49 +05'30'